Whether Srvice Tax applicable?

Dhara (CA) (204 Points)

28 May 2008  

firm has made an agreement naming "CONDUCTING AGREEMNT"

firm 1 has sold property to firm 2 for business purpose only,
in which firm 2 is paying to firm 1 fixed monthly amount [say more than 8.5 lac per month]
the condition is that either pay this fixed amount or fixed percentage of sale [say 5% of sale]
that means either fixed amount of rs. 8.5 lac or 5% of sales whichever is higher.
that fixed amount is called conducting fees.
My question is whether service tax is liable? payable?
if yes then under which category?